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Accusations filed against NY ministers

The Layman Online
Thursday, October 3, 2002
Attorney Paul Rolf Jensen filed accusations today against four New York ministers, Joseph H. Gilmore and Susan G. De George of South Presbyterian Church in Dobbs Ferry, N.Y., Jean A. F. Holmes of the Nauraushaun Presbyterian Church in Pearl River, N.Y. and Jack S. Miller of Mt. Kisco Presbyterian Church in N.Y.

Citing statements published by all four ministers in which they refused to comply with the denomination's ordination standards, Jensen alleged that the ministers have openly defied the Constitution of the Presbyterian Church (USA). The Constitution, including the Book of Order, requires that ordained leaders of the Presbyterian Church (USA) live either in fidelity within the covenant of marriage between a man and a woman or chastity in singleness. In statements sent to other church leaders and posted on the More Light Presbyterian Web site, the four ministers have said that their conscience will not permit them to obey this requirement.

The Book of Order provides that any person who is under the jurisdiction of a governing body of the denomination may file an accusation against another member if he or she believes that the accused has violated Presbyterian standards of faith and order.

Investigation is required
Jensen, who lives in Virginia, filed the accusations with the stated clerk of Hudson River Presbytery, which has jurisdiction over the ministers.

The Book of Order requires that, upon receipt of an accusation, the presbytery must form an investigating committee to examine any evidence related to the accusation. If the committee determines that there are probable grounds to believe that an offense was committed, it may proceed to file disciplinary charges against the accused.

Previous charges filed
This is the second time in several months that Miller has faced church discipline. On Sept. 20, The Journal News, a regional newspaper serving several New York counties, reported that Miller had been given administrative leave from his pulpit while facing a trial on "charges of sexual misconduct involving adolescent boys." Miller has denied the charges. The Journal News reported that Miller is "the region's first major Protestant figure to face sex-abuse allegations since the Roman Catholic Church scandal emerged earlier this year."

Detective Sgt. James Carroll of the New Castle Police Department told The Journal News that in February, a 37-year-old-man accused Miller of sexually abusing him in the early 1980s when he was about 16 years old. Carroll said that the case couldn't be prosecuted because the statute of limitations had expired.

Sex-abuse trial imminent
The Presbyterian Church (USA) has no statute of limitations on sex-abuse charges. An investigating committee from Hudson River Presbytery examined the accusation and gave Miller a choice of resigning or facing a church trial where he could lose his ordained status as a Presbyterian minister. Miller chose to go to trial, which will probably occur in December.

A ring of defiance
Mt. Kisco is one of 16 congregations in Hudson River Presbytery that declared their defiance against the constitution. The 1,000-member congregation identifies with the More Light Presbyterians Network, which issued a statement on Sept. 29 saying, "we stand in solidarity with and commit our full resources to those who are led by conscience as informed by God's Spirit not to cooperate with policies and structures of exclusion and oppression within the church."

Miller has also identified himself with the Covenant Network, whose "Call to Covenant Community," says in part, "we covenant together to welcome … all whom God calls into community and leadership in God's church … reach out in solidarity and compassion to all who are wounded or excluded by recent legislative actions of our church … reaffirm our denomination's historic understanding that 'God alone is Lord of the Conscience' …"

On Sept. 27, the Covenant Network issued a statement reaffirming its commitment to remove G-6.0106b (the ordination standard from the constitution.) The statement also applauded the fact that those who manage the denomination's judicial and administrative structures have declined to enforce the constitution.

A 'constitutional crisis'
After Mt. Kisco and other congregations in the presbytery declared they would not obey the ordination standard, Hudson River Presbytery formed a committee to discuss the matter with them. To date, the presbytery has initiated no disciplinary or remedial actions to require these congregations to comply with the constitution.

The Rev. Clifton Kirkpatrick, stated clerk of the General Assembly, has written some letters, expressing his opinion that the constitution should be obeyed, but he has declined to take any administrative action that would require the presbytery to ensure compliance. According to the Standing Rules of the General Assembly, Kirkpatrick's duty is to "preserve and defend the Constitution," but his office has told leaders of the Presbyterian Coalition who have criticized his inaction that ensuring constitutional compliance is not his job.

In June, the General Assembly of the Presbyterian Church (USA) received an overture from one of its presbyteries, urging it to take an action that would remove from office any minister or session that openly defies the constitution. At the urging of Kirkpatrick's office, the assembly decided not to take any action at that time.

Since June, incidents of defiance similar to those in Hudson River Presbytery have increased, and renewal groups within the denomination are now declaring that the church is facing a "constitutional crisis." The Presbyterian Lay Committee has issued "A Call For Constitutional Integrity," and Presbyterians for Renewal has issued a statement calling for the exercise of church discipline.

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